5.  The applicant was born in 1973 and is currently detained in Jilava Prison.
6.  In 1999 the applicant was sentenced to twenty-five years in prison. He served his sentence in various Romanian prisons. From 30 April to 12 May 1998 and from 9 to 21 February 2009 he was detained in Rahova Prison.
7.  On 18 April 2006 the applicant was diagnosed with chronic hepatitis C by doctors at Colentina Hospital. On 21 June 2006 Dr S. A., a specialist in internal medicine, recommended further investigations and especially viremia testing to establish whether treatment with Interferon would be appropriate. On 17 July 2006, after a full medical examination, Dr. V. R., a gastroenterologist, made the same recommendation and held that the applicant could receive treatment while in detention.
8.  From 2006 onwards the applicant requested the Rahova Prison authorities and the National Prison Service to provide him with a vegetarian diet in accordance with his Buddhist beliefs. He also claimed that this type of diet was the most appropriate for a person with hepatitis.
9.  On 3 May 2007 Dr P. M. O., a general practitioner in Rahova Prison, made the following written note on one of the applicant’s request forms: “Is registered with chronic hepatitis type C. Propose to approve.” (“Este în evidenţă cu hepatită cronică tip C. Propun să aprobaţi”).
10.  On 14 June 2007 the Rahova prison authorities informed the applicant that the relevant legislation did not provide for a vegetarian diet. They noted however that a Christian Orthodox fasting diet that excluded food of animal origin (“norma 17 – mâncare de post fără produse de origine animală”) was provided for and that detainees could apply for this type of diet.
11.  The applicant was provided with the diet for detainees who were ill (“norma 18 pentru persoane bolnave”). The parties submitted several menus for this type of diet; these menus included pork.
12.  According to the information submitted by the parties, seventeen types of diet were provided for; they each took into consideration the detainees’ age, sex, medical condition or availability for work. With the exception of diet no. 17 (see paragraph 10 above), none took into consideration religious requirements.
13.  On 26 January 2007 the applicant lodged a complaint before the judge responsible for the execution of prison sentences in Rahova Prison. He claimed, among other things, that he had received discriminatory treatment in respect of the dietary requirements of his religious beliefs. He also alleged that the prison authorities had failed to treat him with Interferon, as prescribed by the specialist doctors.
14.  On 20 March 2007 the judge responsible for the execution of sentences noted that the prison authorities had contacted the “Group for Buddhist Meditation” for information regarding the dietary requirements of this faith, and were open to accommodating the applicant’s dietary requirements. With respect to the medical treatment, the judge held that, according to the applicant’s medical report, he had received the medication prescribed by the doctors. The judge also noted that in February 2007 the applicant had refused a medical examination and that he had been offered a fresh examination in a public hospital in order for him to be diagnosed and receive treatment recommendations. Consequently, the judge dismissed the applicant’s complaint as ill-founded.
15.  The applicant appealed before the Bucharest District Court. He argued that the prison authorities had failed to provide him with a vegetarian diet on the ground that it was not available under the regulations and that the Christian fasting diet provided only 2,000 calories, while he was prescribed a 3,175-calorie diet for his medical condition. He also alleged that he had not received treatment with Interferon.
16.  The Bucharest District Court dismissed his complaint as ill-founded on 6 August 2007. The District Court took note that the applicant had declared himself a Buddhist but found that the Order of the Minister of Justice no. 2713/C/2001 regarding the enforcement of food regulations in prisons did not include any specifications for vegetarian diets. The District Court held that the applicant was receiving the diet for detainees who were ill, and concluded that the prison authorities had provided him with an adequate diet in both medical and religious terms. Concerning the allegations of lack of proper medical treatment, the District Court noted that, according to medical expert reports of 21 June and 17 July 2006, the applicant had been diagnosed with chronic hepatitis C, but that the appropriateness of treatment with Interferon had not been medically established, as the applicant himself had refused to take the necessary medical tests. The District Court therefore dismissed the applicant’s appeal.
17.  On 21 February 2008 the applicant lodged a new complaint before the judge responsible for the execution of prison sentences in Rahova Prison. He complained, among other things, that he had not received treatment with Interferon.
18.  On 31 March 2008 the judge dismissed his complaint. He relied on an information note of 28 March 2008 from the director of Rahova Prison, which stated that the applicant had undergone examinations in Cantacuzino Hospital to establish whether treatment with Interferon was appropriate, and concluded that his case was still under examination. The judge also took note that the applicant had received the diet for detainees who were ill.
19.  The applicant appealed. On 7 May 2008 the Bucharest District Court dismissed his appeal, on account of the fact that his case was under examination. The District Court also held that the prison authorities had contacted the “Group for Buddhist Meditation” in order to determine the dietary prescriptions of this faith and to make provision for the applicant’s diet.
20.  On 1st October 2008 the Health Insurance Fund for the army, public order, national security and the judicial authorities (“CASAOPSNAJ”) approved reimbursement of treatment with Interferon for the applicant for four months. The approval was renewed on 19 March and 25 August 2009.
21.  According to the Government, after this date the applicant received treatment with Interferon free of charge. He was treated every week, as prescribed by the doctors, and received in addition hepatoprotector and hepatotropic medication. The applicant admitted that he had received this treatment but claimed that it was stopped three times, without indicating the exact periods of time. He denied receiving hepatoprotectors (silimarine) free of charge.
22.  On 16 April 2009 the Bucharest County Court dismissed the applicant’s request for a suspension of his prison sentence for health reasons. Relying on the applicant’s medical file and examinations, the County Court held that there was no conclusive evidence that his medical condition had worsened in detention.
23.  In 2009 and 2010 the applicant was transferred four times to prison or civilian hospitals for various medical examinations. More precisely, in July 2009 he was transferred to Cantacuzino Hospital to have a viremia test for hepatitis.
24.  The applicant’s medical file also lists the following medical conditions: disc problem, deviated nasal septum, and personality disorder. While in detention, he was regularly examined and received medication for these conditions.